Custody of children.
The father was legally entitled to the custody of his children,—the right of the mother was never recognized, it being expressly stated by Blackstone that "a mother, as such, is entitled to no power, but only to reverence and respect." He might by will appoint a guardian for them after his death, though yet unborn, and might apprentice them or give them into the custody of others without the consent of the mother.
Property rights.
All personal property belonging to the wife vested absolutely in the husband at marriage. He could will it to whom he pleased or, if he died without a will, it descended to his heirs. Even her wearing apparel and ornaments known by the term "paraphernalia," belonged to the husband. Wife's paraphernalia During his life he had the power to sell or give them away, but he could not devise them by will. If they remained in the possession of the wife while the husband lived, she was entitled to them over and above her dower, but even then creditors of the husband might claim them, if there chanced to be a deficiency of other assets with which to pay the debts of the estate.
Choses in action.
The wife's choses in action, or evidences of money or property due to her, such as notes, bonds, contracts or the like, belonged to the husband if he reduced them to possession during her life, and they could be taken for his debts. He might bequeath them by will, but if he died without a will they descended to his heirs. If he failed to reduce them to possession while the wife lived, after his death they would revert to her heirs. If she outlived her husband they belonged to her. After the husband's death the wife took one-third of his personal estate if there were children, and one-half if there were no children.
Real property of wife.
The husband was entitled to the control, use and enjoyment, together with the rents and profits of his wife's real estate during the marriage, and if a living child were born, he had, after the wife's death, a life estate in such property and might retain possession of it while he lived. Curtesy. This was known as the husband's title by curtsy. The wife took a dower, or life estate in one-third of the husband's lands after his death, whether there were children or not. This estate of Dower. dower was forfeited should the husband be found guilty of treason, but his interest in her lands was not disturbed by the treason of the wife. His life interest in her real estate attached to trust estates, but she could claim no interest in trust estates of her husband. If the wife owned leases of land they could be sold or assigned by the husband during marriage. If he survived his wife they belonged to him, if she survived him, they belonged to her, provided he had not disposed of them while living.
Descent of property.
Personal property descended to males and females in equal shares, but the oldest son was entitled to the whole of his father's real property.